Category Archives: Uncategorized
I am facing a motion for summary judgment in Massachusetts, what is it and what should I do?
9 August 2014 A motion for summary judgment is a way a party to litigation moves (asks) a court to grant it judgment (they win) prior to a trial on the merits (where people testify in court, etc). It is typically filed after the discovery period of litigation has ended. That means it is filed […]
In defense of Judge Robert S. Murphy Jr.’s June 11, 2014, Order finding Iheanyi D. Okoroafor in contempt of court at the Belchertown District Court.
16 July 2014 There has been much ado over the jailing of a retired 73 year-old man by Massachusetts District Court Judge Robert S. Murphy, Jr. over the failure to pay $508.27 as reported in the Boston Globe on July 2, 2014. As a cursory review of the on-line comments about the story illustrate, not […]
Can I legally force a lender to take my house back by surrendering it in a chapter 7 bankruptcy?
9 June 2014 Answer: As a general rule, no, but under the right circumstances and depending on the actions of the lender, there could be a possibility. Many consumers mistakenly believe that their mortgage lender will automatically take their home if they simply stop paying. Although it is by far the most likely result, there […]
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A creditor in my chapter 13 filed a claim, what should I do?
8 May 2014 Answer: Do not panic as claims are a normal part of the process. However, it is very important to, and you must if you want to preserve your rights, object to the entire claim or the amount of the claim, if you have adequate grounds. Claims establish the “rights of a creditor […]
What is the statute of limitations for a slander/defamation claim in Massachusetts?
2 May 2014 Answer: Three years from when you know or with reasonable diligence should have known the harm done and the identity of the defamer. The Massachusetts Supreme Judicial Court recently decided the case of Harrington v. Costello. 467 Mass. 720 (2014). It is a current expression of the law on timing and the […]
Can a settlement agreement be binding even though it is not in writing and contingent on future events?
5 April 2014 Answer: Yes. In general, people have a misconception about the legal value of oral statements and seem to discount them. This includes statements made in furtherance of settlement agreements, which are discussed here. The legal reality is that oral statements can be the basis for binding agreements, and settlement agreements in particular. […]
Right to cure foreclosure defense under M.G.L. chapter 244 section 35A in Massachusetts, an update.
23 March 2014 A significant and potent weapon in the arsenal of foreclosure defense litigants and attorneys was curtailed greatly earlier this month by the Supreme Judicial Court of Massachusetts with its decision U.S. Bank, N.A. v. Schumacher. The question was whether Mass. Gen. Laws c. 244 § 35A was one of the statutes […]
My privacy rights in Massachusetts may have been violated; is the inappropriate release of my private/confidential information to one person enough to substantiate a valid claim?
3 March 2014Answer: Yes, in Massachusetts release to one person is enough. But keep in mind the release still must be deemed: 1) serious or substantial; and 2) unreasonable. Mass. Gen. Laws. c. 214 Section 1B. The Supreme Judicial Court of Massachusetts was asked the certified question from a federal court the following: Can […]
I believe that my privacy has been violated in Massachusetts, do I have a legal claim and are there legally recognized damages?
24 February 2014 Answer: Quite possibly and quite possibly. Massachusetts provides a statutory “right against unreasonable, substantial or serious interference with . . . privacy.” Mass. Gen. Laws c. 214, § 1B. The superior court of Massachusetts is granted with jurisdiction to decide such matters. Id. Equitable relief, such as an injunction, is available under […]